Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-29
EXPRESS COMPANIES.
The Independent Concerns are Not
Subject to the Provisions Of the
Interstate Commerce Act.
The Com mission Being In Doubt, Thinks
Best to Refer tho Case to Congress
for Final Decision.
A FORMAL DECISION.


WASHINGTON, Dec. % The formal
decision of the interstate commerce COM
mission on the question whether ex-
press companies are subject to the pro-
visions Of the act to regulate commerce
was announced to-day. The names and
organizations Of the various express
companies doing business in the United
States are given, some of them being cor
porations under state charters, some
joint stock companies, differing slightly
from partnership, some being bureaus
organized as a branch of railroad service
and some combinations of several
railroads for the transaction OF
the gross business OF their lines.
There is nothing in the nature OF the ex-
press business which prevents 1t beng
carried on by an ordinary partnership or
even by an individual provided the neces-
sary contracts can be obtained with
transportation lines. The most usual
contract is one which pays to the railroad
company 40 per cent. OF the gross re-
pany, but various ether methods
of settlement are employed. The
arguments urged by the express COM
panies against their being treated as suo-
ject to the act are considered In detail.
Che fact that they perform many other
services besides transportation Of proper
ty, such as the cole ctiOn Of debts, ETC., Is
not regarded as q reason why the act
should not be treated as applying TO their
business as common carriers since many
railroad companies also have other bust
ness besidesithat OF transporting.
THE VARIOUS SECTIONS
of the act are considered with relation to
express business, and are bound to be in
theory as applicable thereto as to the
business of railroad companies. In fact
express companies claim that they already
abide bv the rules established in the act.
The requiring of annual reports from ex-
press companies Is supposed to be mat
ter concerning which the public have the
right to be informed, and Congress may
particularly desire knowledge. At
present little is known about the
amount of their capital stock, their
funded debt, or the money invested in
their plant or business, the volume of
their business with the expense, their
rates, charges and the methods upon
which rates are constructed. The capi-
talizstion OF some of the companies is
known to be quite large, amounting to
many million dollars in each case. The
diff Guilty of framing schedules for the in
formation of the public is not found
to be greater than in the case
Of railroad companies which have
with the act. Three express
have so complied, and their
schedules have been placed on file. The
agents OF all express companies are
necessarily instructed ss to the charges |
to be made, and the pubic is equally in
telligent. The bringing Of express COM |
psnies within the provisions CT the act is |
found to be practicable, and on some &C
counts desirable. Express companies
which are simply branches OF railroad
and operated through It's
ordinary staff, or by
AN INDEPENDENT BUREAU,
or by combination with other railroad
companies are found to be covered by
the provisions of the set. In the case OF
On independently organized express com
panies however, operating under contracts
for transporting, the language OF the act
as it now stands is found to be SO framed
IS not to bring them distinctly within
it's provisions. The words "Wholly by
railroad" in the first section do not well
define the business Of express companies
which use very largely the services OF
teams, messengers, stage coaches and
steamboats,. The pooling section spplies
to the pooling of the bu ,iness OF railroads.
Other sections speak of railroads eontin-
ually and of depots and stations,
language not being applicable to the bust
ness Of express companies except under
somewhst strained construction
The express business was well
known at the time Of the passage OF
the law and has been frequently men
toned by name in congressional statutes.
The omission to name it here is signlf-
cant. Preliminary investigation oy the
interstate commerce committee OF the
Senate did not include the business Of ex-
press companies and was confined almost
wholly to that Of railrosd companies.
Upon all these considerations the COM
mission has thought best to refer the sub
iect to Congress, as in any case OF doubt
full Jurisdiction it is far better that the
legislative b ody should resolve the doubt.
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